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Policies and Agreements: Terms and Conditions


General

By using WebIntellects, Inc. services, you agree to use the Internet in accordance with the laws and the ethical rules established or to be set up in the future. Our Terms and Conditions of Use policy is one of zero tolerance. We reserve the right to immediately discontinue services without liability, refund or continuance of any prepaid service fees. By using WebIntellects services, you constitute your approval of our policy.

Billing - General

All accounts are set up on a pre-pay basis. All International clients must pay by credit card, PayPal, money order, cashiers check or wire transfer. All accounts under $50.00/mo must also be paid by credit card. Accounts over $50.00/mo can be paid by check, money order or credit card. Customers with accounts set up on a periodic credit card billing plan must keep credit card information current. It is the customers' responsibility to inform WebIntellects on changes in credit card type, e-mail address or expiration date to their credit card. Credit card accounts are billed once monthly, quarterly or yearly, depending on your billing cycle. If your credit card is declined you will have 14 days to make payment, after these 14 days, your account will be placed on hold until services are paid for. All accounts paying by check have 30 days to send in payment. If no payment has been received by the Due Date, then accounts will be placed on hold until payment is received. There is a $1.00 credit card resubmission fee if your credit card is declined for any transaction. WebIntellects charges a $25.00 return check fee on all returned checks and a $25.00 charge per wire transfer received. All accounts issuing chargebacks against WebIntellects will be billed an additional $25.00 per chargeback. For more information, please view our Billing Policy.

NOTE: All accounts billed to a credit card are automatically renewed unless canceled prior to the renewal date. This applies to all monthly, quarterly and yearly accounts.

Billing Terms

After the initial thirty days of service, each customer is committed to the remaining time on the service they purchased and no refunds will be given. WebIntellects does not require that you finish off each term and you are free to close your account at anytime without any additional charges or fees. However, WebIntellects will not pro-rate any return for unused service. For example, if you have an account that you are paying for monthly and you decide to close it a few days after your last payment, you will not be issued any refund, whether in full or pro-rated. By using WebIntellects, you understand and agree to this billing term. You also understand that while no refund will be issued, you are always free to keep your account open for the full amount of time you have paid for.

As a current or prior customer of WebIntellects, you agree to allow WebIntellects to attempt settlement of any billing dispute for 30 days before disputing with any third party, credit card company or bank. For more information, please view our Billing Policy.

Cancellations

Almost all web hosting, VPS, E-commerce and Internet Access plans include a 30-day money back guarantee. If for any reason our services haven't exceeded your standards, please let us know within the first 30 days of account activation and we will refund the money paid for that first month of service minus Setp Fees, Activation Fees and overage charges. Setp Fees and Activation Fees are refundable only if the account order is canceled prior to activation. For web hosting contracts of 3 months or longer, the full contract amount less any set-up fees and overages will be refunded if WebIntellects is notified within the first 30 days following activation. No refund is available after the 30th day. Due to security concerns (such as fraudulent cancellations), all account cancellations must be done through our cancellation form via your Client Area. E-mail requests and phone calls will not constitute acceptance of any cancellation. Refunds will be made by company check or issued back to your credit card within 30 days of receipt of cancellation.

Content

You will not in any way use html, java or perl code that will result unnecessary traffic nor will you install any client side applications that will result in excess traffic. The intent of WebIntellects is to provide space to serve web documents, not as an off-site storage area for electronic files. You will also not misrepresent the site in such a way that will result in needless traffic. Some examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, Spamware, Copyrighted MP3s and IRC bots. WebIntellects does not support; (i) sexually explicit, obscene or pornographic content (whether in text or graphics); (ii) speech or images that are offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability or otherwise) or that promote any illegal activity; and/or (iii) graphic violence. We will terminate any account that does not conform to these requirements. WebIntellects reserves the right to terminate any account, for any reason, without prior notice or warning.

E-Mail

You will not send out advertising e-mail, unsolicited bulk e-mail (UBE) or Spam, nor do anything that will result in excess mail traffic. You will not use your E-mail account to receive large files or programs over 10 MBs in size. Unsolicited advertising via e-mail or newsgroups is prohibited and will result in immediate account termination without compensation. Spamming, including (but not limited to) mass e-mailing, cross posting, or otherwise causing abuse to others on the Internet is prohibited and will be grounds for account termination without compensation. If you use the services of another provider to promote a web site hosted by or through WebIntellects, then the provisions of the above Policy shall apply as if the unsolicited e-mail were sent through our servers.

NOTE: Any accounts caught Spamming, or running Spam scripts, will be charged a $100 clean-up fee.

ORDB.ORG and SPAMCOP Use/Spam Prevention

WebIntellects uses two filters on all shared servers to help reduce the amount of Spam our users receive. WebIntellects has chosen ORDB.org, which is the Open Relay Database, and www.spamcop.net. ORDB.org is a non-profit organization which stores IP-addresses of verified open SMTP relays. These relays are, or are likely to be, used as conduits for sending unsolicited bulk email, also known as Spam. Spamcop will list any IPs that have been sending out reported Spam. If the Spam stops, the IP is released from the database after 48 hours. By using WebIntellects, you understand and approve of such filtering. You understand that any person attempting to e-mail you from a server in the Open Relay Database or Spamcop database will be returned to the sender. If you do not want your service subject to such filtering, then you understand you are free to host your site elsewhere. For more information on ORDB.org, please click here. For more information on Spamcop, please click here.

NOTE: While the SpamCop filter is set to "ON" by default, ANY customer may request to have it turned off for their domain(s).

Illegal Activity

Illegal activities, to include; unauthorized distribution or copying copyrighted software, violation of US export restrictions, harassment, fraud, trafficking in obscene material, and other illegal activities will be reported to all regulatory, administrative and/or governmental authorities. WebIntellects reserves the right to report all such activities.

Access

Access to our servers is for the express purpose of setting up and managing your web site and e-mail. You are not to use the access to compile or run programs that do not directly relate to the web site. You will not view or attempt to modify files that do not belong to you. It is a crime to access any information in the non-public part of a computer regardless of damage or security of the information. Any actions construed to be negligent or malicious attack is strictly prohibited.

Under no circumstances may more than one person log in to any dial-up account at any one time. Violators will be billed as separate accounts and will be subject to immediate account termination without warning and without any refund of unused services.

Resource Usage

WebIntellects enforces a strict policy on resource use that all accounts must abide by. In order to keep our servers running at optimal levels, any sites running a process that requires more than 8Mb of memory, more than 30 CPU seconds, or uses more than 10% of all available system resources at any time will be required to move up to a dedicated solution or be hosted elsewhere. Web sites requiring the following are also limited and may not even be allowed at all:

  • High CPU-use CGI Scripts - CGI script sharing with domains not hosted by WebIntellects is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice. If your web site has been shut down at another web host for high CGI resource use, you will certainly be shut down here as well. We will not allow a user's web site to affect the other web site owners on our servers.
  • CGI-based Chat Rooms - WebIntellects does not allow customers to install their own CGI-based chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. WebIntellects does offer Java-based chat for its customers for an additional fee.
  • CGI-based Forums - WebIntellects does not allow customers to install their own CGI-based Forums. YaBB and Ultimate Bulletin Board Forums tend to require significant system resources and therefore cannot be permitted. WebIntellects recommends vBulletin or phpBB.
  • Background Running Programs and Cron Jobs - WebIntellects may allow programs to run in the background. These programs will be considered on an individual basis. Customers will not be allowed to execute a cron more then once per hour with WebIntellects. If you wish to run background programs please contact us so that we can arrange set-up.
  • IRC - WebIntellects does not allow IRC or IRC bots to be operated on any of our servers.
  • Webcams - WebIntellects does not allow web-cams to be refreshed more then once in a 5 minute period. If you require a refresh rate quicker then 5 minutes, you will need to host your site on a Virtual Dedicated Server.
  • Hotlinking - WebIntellects does not allow hotlinking of any kind (whether hosted by WebIntellects or hosted elsewhere). This includes using your site to host images or content that is being used in HTML e-mails sent in bulk. Linking your images from auction sites like eBay is the only exception to this rule.

Unmetered Bandwidth Policy

The purpose of the WebIntellects Unmetered Bandwidth Policy is to assure owners of standard operating web sites and small businesses that they will not be surprise billed for bandwidth usage. It is one less thing someone will need to worry about while hosting their web site at WebIntellects. The WebIntellects Unmetered Bandwidth Policy does not cover certain web sites. These include the following:

  • Web Portals/Communities/Forums - Any sites that have members and/or forums.
  • Online Gaming - Includes online casinos and single/multiplayer online games.
  • Image Galleries - Includes eBay or other online auction image dumps.
  • Downloads - Any site that prompts for a download or has large applets.
  • Audio/Video - Any streaming content, web-cams or audio/video downloads.
  • Chat - Includes PHP and Java chat rooms. CGI-based chat is not allowed on our servers.

If you are planning on using our servers to host one of these sites, WebIntellects will allow for 50 GBs of transfer per month. You will be billed $10.00/10 GBs/mo thereafter. All other accounts for personal and small business are allowed unmetered bandwidth. If you adhere to our Terms and Conditions of Use Policy and run a standard web site, you will be covered under the unmetered bandwidth policy. (99.9% of all WebIntellects hosted web sites currently qualify for their unmetered bandwidth usage.) Accounts that do not follow our Terms and Conditions of Use policy are classified as metered bandwidth accounts and will be billed accordingly.

Unmetered Web Space Policy

WebIntellects customers are privileged to be offered unmetered web space for their sites on certain plans. WebIntellects will start you out with 2000 MBs of space. Once you approach 90% of its use, simply request additional space from Support. WebIntellects will then add another 1000 MBs of space, free of charge. You can continue this process until you no longer require additional space. The intent of WebIntellects is to provide a large amount of space to serve your web pages, not an off site storage area for electronic files or a backup of your PC or for file serving downloads. Ninety Percent (90%) of your web content must be HTML-based pages (or similar pages) and must be linked with files (.GIF, .JPEG, etc.) stored within your space, hosted on a WebIntellects server. Websites that are found to contain limited or no html documents or a large number of unlinked files, will not be offered any additional web space under our Unmetered Web Space Policy.

The WebIntellects Unmetered Web Space Policy does not cover certain web sites. These include the following:

  • Online Gaming - Includes online casinos and single/multiplayer online games.
  • Image Galleries - Includes eBay or other online auction image dumps.
  • Downloads - Any site that prompts for a download or has large applets.
  • Audio/Video - Any streaming content, web-cams or audio/video downloads.

If you are planning on using our servers to host one of these sites, WebIntellects will allow for 2000 MBs of web space.

Trademark and Copyrights

You hereby agree and warrant that any material submitted for publication or use through your account(s) will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libelous or harmful, and you indemnify WebIntellects as to the same.

The Digital Millennium Copyright Act ("DMCA") sets forth the requirements for valid copyright infringement notification. WebIntellects takes all allegations seriously and will investigate each notice immediately. Once WebIntellects receives your infringement notice, we will notify the web site owner that they will have 24 hours to either (i) take down or remove the disputed material, or (ii) provide a counter-notice. WebIntellects still reserves the right to remove or take down material immediately without any prior notice.

If you would like to notify WebIntellects of an infringement of your copyright, the DMCA requires that you:

  • Send your notification to WebIntellects, Inc. You may use one of the following two avenues for this notification:
    • Fax to: WebIntellects, Inc. , Attention: Abuse at (760) 477-1111
    • Mail or courier to: WebIntellects, Inc., Attention: Abuse, 2420 Grand Ave, Suite G-2, Vista, CA 92081
  • Include in your notification the following information
    • A physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant")
    • Identification of the copyrighted work(s) claimed to have been infringed.
    • Identification of the material claimed to infringe the copyright(s), and enough information for WebIntellects to locate it.
    • The Claimant's name, address, and telephone number(s).
    • A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
    • A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.

If you wish to learn more about the Digital Millennium Copyright Act, click here.

Privacy Policy

When you visit our Web site, we do NOT collect your e-mail address(es), aggregate information on what other pages on the Web you have accessed or visited, user-specific information on what pages you access or visit unless volunteered. Information volunteered by the consumer, such as survey information, online sign ups, and/or site registration will never be released. When using our services, we agree to NEVER release your e-mail addresses(es), domain names, and/or any other personal information to anyone at any time. For your privacy, we will also not reference any domain names we host. For more information, please view our Privacy Policy.

Backups

Full backups are made weekly on shared and VPS servers, and backups of new/changed data made nightly for shared servers. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content and information. A "Backup/Restore" feature is included with each hosting plan and a client can use this tool to back up their files. If loss of data occurs due to an error of WebIntellects, we will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of a client in securing their account or by an action of the client, WebIntellects will attempt to recover the data from the most recent archive for a $25.00 fee.

Actions Taken

The failure by a customer to meet or follow any of the Terms and Conditions of Use is grounds for account termination. WebIntellects will be the sole arbiter as to what constitutes a violation of the Terms and Conditions of Use. WebIntellects reserves the right to remove any account without prior notice.

When WebIntellects becomes aware of an alleged violation of its Terms and Conditions of Use, we will initiate an investigation. During the investigation, WebIntellects may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, WebIntellects may, at its sole discretion, restrict, suspend, or terminate a customer's account and/or pursue other civil remedies. If such violation is a criminal offense, WebIntellects will notify the appropriate law enforcement authorities of such violation.

WebIntellects does not issue credits for outages incurred through service disablement resulting from Terms and Conditions of Use violations. WebIntellects does not issue refunds for accounts terminated for Terms and Conditions of Use violations.

Warrantees

THIS SERVICE IS PROVIDED AS IS. USE IT AT YOUR OWN RISK. THERE ARE NO WARRANTIES OF ANY KIND EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF SALABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. WEBINTELLECTS IS NOT RESPONSIBLE FOR HARDWARE OR SOFTWARE DAMAGE, LOSS OF WAGES, OR ANY OTHER FINANCIAL OR PERSONAL LOSS RESULTING FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY WEBINTELLECTS, ITS EMPLOYEES, LICENSORS OR THE LIKE, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. WEBINTELLECTS AND ITS PARTNERS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY TRANSACTION OR USE OF THE SERVICE.

Indemnification

CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD WEBINTELLECTS HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST WEBINTELLECTS, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS WEBINTELLECTS AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH WEBINTELLECTS' SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM WEBINTELLECTS' SERVER.

Governing Law

In the event of litigation both parties agree that the Law of California shall apply and both parties consent to the jurisdiction of the state courts of San Diego, California, or in the event of diversity of citizenship, the United States District Court for the Southern District of California. Both parties expressly waive a trial by jury.

Changes

WebIntellects reserves the right to modify or otherwise amend this policy without prior notice or warning.


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